Yemen: Court terminates 8-year-old girl's marriage

Reuters ^ | April 15, 2008 | Mohamed Sudam,Enai Ersan

[Stoat]

For the first time in Yemen - 8-year-old girl asks for divorce in court - front - Yemen Times

For the first time in Yemen
8-year-old girl asks for divorce in court

By: Hamed Thabet

 

Nojoud Muhammed Nasser YT Photo by Hamed Thabet

SANA’A, April 9 - An eight-year-old girl decided last week to go the Sana’a West Court to prosecute her father, who forced her to marry a 30-year-old man.

Nojoud Muhammed Nasser arrived at court by herself on Wednesday, April 2, looking for a judge to handle her case against her father, Muhammed Nasser, who forced her two months ago to marry Faez Ali Thamer, a man 22 years her senior. The child also asked for a divorce, accusing her husband of sexual and domestic abuse.

According to Yemeni law, Nojoud cannot prosecute, as she is underage. However, court judge Muhammed Al-Qathi heard her complaint and subsequently ordered the arrests of both her father and husband.

“My father beat me and told me that I must marry this man, and if I did not, I would be raped and no law and no sheikh in this country would help me. I refused but I couldn’t stop the marriage,” Nojoud Nasser told the Yemen Times. “I asked and begged my mother, father, and aunt to help me to get divorced. They answered, ‘We can do nothing. If you want you can go to court by yourself.’ So this is what I have done,” she said.

Nasser said that she was exposed to sexual abuse and domestic violence by her husband. “He used to do bad things to me, and I had no idea as to what a marriage is. I would run from one room to another in order to escape, but in the end he would catch me and beat me and then continued to do what he wanted. I cried so much but no one listened to me. One day I ran away from him and came to the court and talked to them.”

“Whenever I wanted to play in the yard he beat me and asked me to go to the bedroom with him. This lasted for two months," added Nasser. "He was too tough with me, and whenever I asked him for mercy, he beat me and slapped me and then used me. I just want to have a respectful life and divorce him.”

Nasser’s uncle, who does not want to reveal his name, is following the case now as her guardian. According to her uncle, after Muhammed Nasser, the girl's father, lost his job as a garbage truck driver in Hajjah, he became a beggar, and soon after suffered from mental problems.

Thamer is in jail now. “Yes I was intimate with her, but I have done nothing wrong, as she is my wife and I have the right and no one can stop me," he said. "But if t

The husband YT Photo by Hamed Thabet

he judge or other people insist that I divorce her, I will do it, it’s ok.”

So far, no accusations have been made against her father, who was later released due to health problems, or Nasser's husband, who will remain in jail for further investigation.

“So far there is no case and no charges, as Nojoud arrived by herself to court asking just for a divorce,“ said Shatha Ali Nasser, a lawyer in the Supreme Court who is following Nojoud Nasser’s story.

Shatha Ali Nasser confirmed that item number 15 in Yemeni civil law reads that “no girl or boy can get married before the age of 15." However, this item was amended in 1998 so parents could make a contract of marriage between their children even if they are under the age of 15. But the husband cannot be intimate with her until she is ready or mature,” said Nasser.“This law is highly dangerous because it brings an end to a young girl’s happiness and future fruitful life. Nojoud did not get married, but she was raped by a 30-year old man.”

Nasser confirmed that Nojoud Nasser’s case is not the first of its kind in Yemen, but it is the first time that a girl went to court by herself to ask for a divorce.

“We are not planning to return Nojoud to her family. Who knows? Maybe after a few years the same thing will happen to her again," said Shatha Ali Nasser. "We are planning to put her in Dar Al-Rahama [an non-governmental organization that works with children], where she can have a better life and education. We do not want her family to pay her expenses, as they are poor.”

[Stoat]

[Tamar1973]

Basically the marriage was annulled and the “ex” paid off so he has no legal grounds to appeal to have it reinstated at a future time.

[utherdoul]

disgusting. You can’t even make the historical argument for adults marrying 14-16 year old girls there’s nothing that can justifies something like this. Sadly if it were here he’d be given a slap on the wrist and a few years jail time. All cultures are equal but some or more equal than others.

[Stoat]

More:

 

Parliament refuses to legislate minimum age for marriage - Yemen Times

Parliament refuses to legislate minimum age for marriage

Hamed Thabet

 

Nujood Ali

SANA’A, April 13 – Despite pressure of 8-year-old girl’s husband refusing to set her free. Simultaneously, Yemeni Parliament does not consider early marriage as a priority and is not moving forward with legislation to prevent it.

The Yemeni Parliament, through its Evaluation and Jurisprudence Committee, rejected a request to amend the personal status law presented by the Women’s National Committee (WNC). Women’s movements and civil society in Yemen along with 61 Parliament members have advocated a law that legislates a minimum marriage age of 18 for both males and females. However, the Jurisprudence Committee claims there are no legislative grounds to impose such a law based on its understanding of Islam.

“Not only is it not Islamic, it is even inhuman to subject our girls to such an experience. We must continue to fight for the sake of a better future for our daughters,” said Rashida Al-Hamadani, chairperson of the WNC.

Sixty-one Parliament members (MPs) were recently part of a Safe Motherhood project that included an item for early marriage. However, the issue was rejected by the Evaluation and Jurisprudence Committee, which said it is a health issue and cannot be generalized. The issue was passed to Parliament’s Health Committee, where it will reside for an unknown duration.

Yet a number of MPs feel that this issue deserves better attention.

“If it is my personal opinion I believe 18 is the right age, because marriage is such a big responsibility,” said MP Fuad Dahaba, an Islah party member.



A live case

Shatha Mohammed Nasser, a lawyer in the Supreme Court, said that the case of Nujood Ali, an 8-year-old girl who was forced to marry, is an excellent opportunity to push such legislation forward.

“There are hundreds of Nujood s who have been subjected to sexual abuse by mature men. The problem is that there is no law to punish the father who marries off the child, the sheikh who allows the marriage, or the husband who takes the child home to serve him as a wife,” said Nasser.

Although he is currently in custody, Nujood’s husband has rejected her demand to be divorced.

“I will not divorce her, and it is my right to keep her. No need to sleep with her, at least I can have her as a wife. No power can stop me,” the husband, Faez Ali Thamer, said.

“It is not a matter of loving her, I don’t, but it’s just a challenge to her and her uncle who think that they can put me in jail and also the judge has no right to bring me here. How did she dare to complain about me?” he threatened.

Nujood went to Sana’a West Court on April 2 and demanded that the judge grant a divorce between her and her 30-year-old husband, who had physically and sexually abused her for two months. She also filed a case against her father, who married her off to Thamer. Judge Muhammed Al-Qadhi was sympathetic and ordered both husband and father to be kept in custody; however, the latter was released later on health grounds.

However, neither the husband nor the father have legally committed any crime, according to Yemeni law. The husband is only in custody because the judge was sympathetic to Nujood, sheltering her for four days in his house before sending

her to her uncle’s house. Nujood’s uncle additionally supported her in her demand to be divorced. Today Nujood remains at her uncle’s home until she is transferred to a care center, where she will be safer.

Nasser has taken the responsibility to follow Nujood’s case and she calls on national as well as international organizations and individuals to apply pressure in order to put an end to such practices in Yemen.

“I am afraid that the husband will escape from punishment because according to Yemeni custom and law he has not done anything wrong. Even if there is a law, no one respects the law,” added Nasser.

Nujood comes from a poor and broken family. She also has a six-year-old sister that might face the same fate as Nujood, if not worse.

Nasser hopes that the two girls can be rescued somehow and sent abroad, where they will find safety and a positive environment where they can grow and prosper.



One issue, many victims

Although Nujood’s case is considered the first of its kind where a minor prosecutes her father for marrying her off at a young age and subjecting her to harm, there are many cases of Yemeni girls who have been married at a young age.

Early marriage is “one of the biggest development challenges in Yemen,” said Naseem Ur Rehman, chief information officer for UNICEF in Sana’a, on a previous occasion, adding, “This is because no groups have yet outgrown the practice.”

A 2006 field study revealed that child marriage among Yemeni girls reached 52.1%, compared to 6.7% among males. The study, conducted by the Woman and Development Study Center, affiliated to Sana’a University, looked at 1,495 couples, concluding that there is a huge age gap between the spouses.

The study established a comparison between ages of spouses in their first marriage through three generations. It disclosed that marriage age raised gradually from an average of 10.24 years to 14.70 years for women and from 20.97 to 21.54 years for men. It indicated that the average marriage age varies from one geographical area to another; for example, it showed that girls in Hodeidah and Hadramout married at the average age of eight, while in Mukalla the average age was 10.

Hasinah Al-Gader, head of the research center, stated that the study educated approximately 95 percent of religious men and a sampling of parents promoting early marriage, especially in conservative areas, about the importance of delaying marriage, as this is in the best interest of youth and society at large and not against Islamic principles.

[RobinOfKingston]

to pay about $250 in compensation to the 30-year-old ex-husband.

to have "sex with him after hitting her."

I live out in the country. Every spring and summer one of the chores to be taken care of is shooting the ground squirrels that will encroach right up onto the dinner table if you let them.

A varmint is a varmint.

[KKing]

Sadly, the article mentions nothing about the devout Muslim that is trying to follow the path of Mohammad, who after all, married Aisha (his favorite wife) at the tender age of 6. However, Big Mo did wait until Aisha turned 9 before consummating the marriage.

[Gondring]

Well, the Church set the limit so you had to wait until a child was “out of the cradle” before marrying her. Then it was set at 7 years old for a while.

It’s kinda scary when you dig into some of the things the Christian Church did in the dark ages.

[mtbopfuyn]

So, now that the marriage has been terminated it stand to reason (wacko Islamic reason) that she um, flaunted herself and her male relatives will have no other choice than to have an honor killing. Even if the judge is wise enough to stop them from doing that, she’ll be shamed and mistreated the rest of her life.

[Patriotic1]

Do you have any sources for that information? I hadn’t run into that statement before.

[heartwood]

I would love to believe there is an 8 year old girl in Yemen with enough knowledge, courage, confidence, and resourcefulness to escape from a grown man abusing her, defy her family, and locate a court to ask for help - and smile when she is freed. But I don’t believe it.

If it is true - God bless and keep this child. What a woman she will be.

[grey_whiskers]

The Church left the Dark Ages; and you might want to check around to find the non-Christian practices as well.

Not all of these people have left the Dark Ages -- and in fact, it looks like they are bidding fair to bring them *back*.

Cheers!

[grey_whiskers]

Wonder what Sen. "Scottish Law" Specter, Justice Darth Vader Ginsberg, and a few others think about this foreign precedent?

Why, they might order that the State of Texas leave alone those LDS folks in the news of late.

Cheers!

[rednesss]

Religion of Peace ping.

[Stoat]

So, now that the marriage has been terminated it stand to reason (wacko Islamic reason) that she um, flaunted herself and her male relatives will have no other choice than to have an honor killing. Even if the judge is wise enough to stop them from doing that, she’ll be shamed and mistreated the rest of her life.

From the Yemen Times article at post #5:

Today Nujood remains at her uncle’s home until she is transferred to a care center, where she will be safer.

(Edit)

Nujood comes from a poor and broken family. She also has a six-year-old sister that might face the same fate as Nujood, if not worse.

Nasser hopes that the two girls can be rescued somehow and sent abroad, where they will find safety and a positive environment where they can grow and prosper.

********************************************************

Hopefully the international news spotlight that this story has provided will bring forth a loving family willing to adopt them both.

[Gondring]

Do you have any sources for that information? I hadn’t run into that statement before.

I'll see what I can find. I know it from memory, but I imagine there's a link out there somewhere. (Though I do realize that details on many things about Church history are not available online :-( For example, I've been meanuing to make the time to write to the Vatican for a copy of what came out of the First Council of Braga, and it just keeps getting pushed off.

[Stoat]

to pay about $250 in compensation to the 30-year-old ex-husband.

 

to have "sex with him after hitting her."

 

I live out in the country. Every spring and summer one of the chores to be taken care of is shooting the ground squirrels that will encroach right up onto the dinner table if you let them.

 

A varmint is a varmint.

From the Yemen Times article at post #5:

“I am afraid that the husband will escape from punishment because according to Yemeni custom and law he has not done anything wrong. Even if there is a law, no one respects the law,” added Nasser.

***********************************************

Sadly, it appears that what we are dealing with here is a "varmint culture"

to pay about $250 in compensation to the 30-year-old ex-husband.

 

to have "sex with him after hitting her."

 

I live out in the country. Every spring and summer one of the chores to be taken care of is shooting the ground squirrels that will encroach right up onto the dinner table if you let them.

 

A varmint is a varmint.

[Stoat]

Related editorial from the Yemen Times:

Stop another Nujood’s story from happening - Yemen Times

Stop another Nujood’s story from happening

OUR OPINION

No one denies that the Yemeni society is a male dominant one whereby men have the upper hand in almost everything. It is also known that early marriage for boys but especially for girls exists. However, the story of Nujood the eight year old girl who was forced into marrying a man 22 years older is a sign of warning.

In any society, it is the women and children that get affected most by social, political, economic, health or educational problems. If the child is a female then the double vulnerability automatically falls upon the child girl and makes her victim number one. She is the first to be sacrificed and the last to be fed. First hand information show that because of poverty, basic needs such as nutrition, health care or education get channelized to cover the male members of the house. The first priority is generally the father since he is the bread earner or even just because he represents the male domination if he does not work. Second comes the male children who represent the continuity of the family’s name and future supporters, then comes the mother since she is the care taker and finally it is the female children who are seen as a wasted investment since they eventually get married and go away.

The issue is not a personal case of an eight year old girl who was forced to grow too soon and live with a man who demanded so much from her. It is the story of hundreds of Yemeni girls who have lost their innocence to a cruel society and harsh circumstances. It is the story of the absence of a good law, the lack of implementation and monitoring systems that make sure whatever legislation is being applied in reality. It is the story of an ever-growing social tension and economic deterioration that forces humans into a state of barbaric crudeness. What was not reported in Nujood’s case is that her two elder sisters have been equally abused by the father and married off to abusive husbands at an early age, although not as young as Nujood. This shows a scary trend as the father’s conscience is getting worse with the years as the age of his daughters sold out in a marriage contract gets younger. Luckily Nujood is the youngest female in that family.

It is my firm belief that the solution for such an issue must start immediately and through society mobilization. People must start taking responsibility for their neighborhoods and not turn a deaf ear as if it does not concern them. Although I appreciate the uncle’s position to support her in her trial against her husband and take the role of the guardian, I cannot help but wonder where was he when the marriage was discussed or even during the two months this child was sexually and physically abused.

As educated Yemeni people we must start advocating for children’s rights and stop such violations. We must live up to our Islamic teachings which tell us to stop harm from being inflicted on others.

The feedback we got in Yemen Times for following up this case is amazing, especially from outside Yemen. Salute to all the kind people who expressed their support for Nujood and wanted to help. Special thanks to the Italian Ministry of Foreign Affairs who offered support to Nujood.

[CaspersGh0sts]

I’m not quite sure “Dark Ages” is being used appropriately here, but the average age of marriage in medieval Europe was about 16 for women.

The Church as such had not yet achieved the role of aribiter of social customs yet during the Dark Ages—hence the name Dark Ages (less written language, fewer monasteries (i.e. centers of learning), less music, etc...). If girls were marrying at the age of 8 or what have you, the odds that this came from church policy were pretty small.

[org.whodat]

It would not surprise me to some of the trash on Capitol hill want to give this poor man citizenship and a full pardon.

I would vote to give him a spent round.